2002/895/EC: Commission Decision of 30 January 2002 on the State aid granted by Germany to Hirschfelder Leinen und Textil GmbH (Hiltex) (notified under document number C(2002) 310) (Text with EEA relevance)
The State aid which Germany has granted to Hirschfelder Leinen und Textil GmbH (Hiltex), amounting to at least DEM 9,978 million, is incompatible with the common market.
The aid consists of the following measures:
- the amount of measures 1 and 2 (direct investment grants and investment allowances) exceeding the provisions of the schemes under which they were granted and which may have not yet been reimbursed, as well as the interest generated from the time they were granted until their full reimbursement,
- measure 4, grants for the social plan of DEM 2,221 million,
- measure 5, grants to cover losses of DEM 2,409 million,
- measure 6, grants of DEM 0,249 million,
- measure 7, amount paid in 1994, grants of DEM 0,022 million,
- measure 8, grants for the promotion of projects of DEM 1,050 million,
- measure 9, grants for the promotion of employment of DEM 0,281 million,
- measure 10, grants to cover liabilities of DEM 0,070 million,
- the amount of measure 13 exceeding the provisions of the privatisation contract, i.e. DEM 0,374 million,
- measure 17, investment allowance of DEM 0,859 million,
- measure 18, direct investment grants of DEM 1,597 million,
- measure 27, grants of DEM 479,
- measure 27(a), investment allowance stated to have only been paid in an amount of DEM 0,710 million,
- measure 31, redemption of interest of DEM 0,136 million.
1. Germany shall take all necessary measures to recover from the beneficiary the aid referred to in Article 1 and unlawfully made available to the beneficiary.
2. Recovery shall be effected without delay and in accordance with the procedures of national law provided that they allow the immediate and effective execution of the decision. The aid to be recovered shall include interest from the date on which it was at the disposal of the beneficiary until the date of its recovery. Interest shall be calculated on the basis of the reference rate used for calculating the grant-equivalent of regional aid.
Germany shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 30 January 2002.
For the Commission
Mario Monti
Member of the Commission
(1) OJ C 272, 23.9.2000..
(2) OJ C 87, 17.3.2001, p. 2.
(3) The THA ended its tasks on 31 December 1994. Since 1995, some of the companies to be privatised were assembled under the "Berlin Management Beteiligungsgesellschaft mbH" (BMGB) grouping another five holdings named "Managementkommanditgesellschaften" (MKGs). These held companies from specific industry sectors (textiles, manufacturing, metal and steel production, etc.). The BMGB was in charge of the restructuring and subsequent privatisation of the companies. In 1998, those companies which remained in the BMGB were transferred to the THA's successor, the BvS.
(4) The balance sheets as at December 1996 show that the group employed 549 people (as against 438 in 1995), had a turnover of EUR 23,448 million and a balance sheet total of EUR 41,279 million.
(5) In December 1996, PEX employed 152 people, had a turnover of EUR 8,376 million and assets of EUR 7,048 million.
(6) Management report of Uniwear S.A. for 1996, page 3.
(7) In 1998, Lys Lieve had a turnover of EUR 4,806 million, a balance sheet total of EUR 7,743 million and employed 86 persons.
(8) Now Bridge Mackie Textile International.
(9) Article 13(1) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, OJ L 83, 27.3.1999, p. 1.
(10) OJ L 104, 30.4.1996, p. 4.
(11) THA-Regime N 768/94 (SG (95) D/1062).
(12) N 493/97, SG (98) D/1836, 3.3.1998.
(13) This scheme, cited in footnote 13, allows for loans granted before privatisation to companies employing less than 250 employees when the amount of the loans does not exceed DEM 50 million.
(14) Commission communication to the Member States (OJ C 307, 13.11.1993) in relation with the Directive 80/723/EEC of 25 June 1980 on the transparency of financial relations between Member States and public undertakings (OJ L 195, 29.7.1980). Point 33 of the Commission communication on the application of Articles 92 and 93 of the EC Treaty and Article 61 of the EEA Agreement to state aids in the aviation sector (OJ C 350, 10.12.1994). See also cases Chemieanlagenbau StaΓfurt (OJ L 130, 26.5.1999), C 30/98 Wildauer Kubelwelle, NN 4/99 Esda Feinstrumpffabrik, Lautex Weberei und Veredlung (OJ C 387, 12.12.1998).
(15) See also point 3.4 of the abovementioned THA-Regime "when the THA or its succeeding institutions renounce to its rights within the context of the Vertragsmanagement, a notification is needed in case the company employs more than 250 employees and the obligations surpass DEM 50 million".
(16) See footnote 12.
(17) OJ C 368, 23.12.1994, p. 12.
Source: EUR-Lex (Publications Office of the EU), Β© European Union, reuse permitted under Commission Decision 2011/833/EU.
